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Firm must compete to administer $192.5M PTTEP class action settlement
Allens 2023-03-22 9:05 pm By Cat Fredenburgh

The law firm that ran a class action over the 2009 Montara oil spill must compete to administer a $192.5 million settlement, with a judge saying a tendering process is consistent with the court’s “protective and supervisory role” in managing costs deducted from class action settlements.

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Drink rivals mull High Court appeals after losing ‘Mother’ of all trade mark disputes
Appeals 2023-03-22 2:11 pm By Cindy Cameronne Sydney

The owners of Mother energy drinks and Vittoria Food & Beverage have both lost their challenges to each other’s ‘Motherland’ and ‘Mothersky’ trade marks and are considering taking the long-running stoush to the High Court. 

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Richard Crookes to appeal landmark judgment on SOPA’s availability to insolvent companies
Appeals 2023-03-21 10:33 pm By Sam Matthews Melbourne

Construction company Richard Crookes plans to appeal a ruling which found the Security of Payment Act is available to insolvent builders to pursue debts under a deed of company arrangement, despite an amendment to the law preventing construction companies in liquidation from enforcing payment claims.

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High Court asked to revive pooling orders for businesses with common right to sue
Appeals 2023-03-20 4:58 pm By Cindy Cameronne Sydney

A liquidator for two related NSW printing companies has launched a High Court challenge to overturn a judgment finding a joint right to sue another business for $330,000 could not be combined in a pooling order. 

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High Court to hear Qld council’s appeal in class action by waterfront property owners
Appeals 2023-03-17 11:31 pm By Cat Fredenburgh

The High Court has granted special leave to a Queensland council to challenge a ruling ordering it to repay owners of waterfront properties tens of thousands of dollars spent on an invalid canal maintenance levy.

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High Court to hear class action waiver challenge in Ruby Princess case
Amy Reid 2023-03-17 4:31 pm By Christine Caulfield

The High Court has granted leave to the applicant in a class action against Carnival PLC to appeal a ruling that upheld a class action waiver in tickets bought by foreign passengers on the ill-fated Ruby Princess in 2020.

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High Court won’t weigh in on Clive Palmer’s royalties spat with Adani
Appeals 2023-03-16 10:34 pm By Sam Matthews Melbourne

The High Court has denied Clive Palmer leave to appeal successive court decisions which found his company Mineralogy’s royalties dispute with mining company Adani should be determined through a dispute resolution process rather than in court.

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Cushman & Wakefield director can’t shake injunction blocking jump to rival
Bridie Nolan 2023-03-16 3:10 pm By Sam Matthews Melbourne

A director at office leasing company Cushman & Wakefield who accepted a job with a competitor has lost a bid to lift an injunction keeping her on garden leave for three months, with a judge finding she was the “author of her own misfortune” for failing to read her employment contract.

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Boston Scientific’s $105M settlement approved in pelvic mesh class action
Class Actions 2023-03-16 10:11 am By Cindy Cameronne Sydney

Boston Scientific’s $105 million settlement of a class action over its pelvic mesh devices has secured court approval, but the costs billed by the law firm running the case will face further scrutiny.

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With ‘hesitation’, judge OKs $300M settlement in J&J class actions
Alec Leopold 2023-03-16 9:54 am By Cindy Cameronne Sydney

A judge has approved a $300 million settlement in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon — the largest settlement in the history of Australian product liability group proceedings — but a $100 million deduction for legal costs has yet to get the greenlight. 

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